Drawbridge Operation Regulation; Atlantic Intracoastal Waterway and Biscayne Bay, Miami, FL, 16776-16778 [2018-08011]
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16776
Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2018–0284]
Drawbridge Operation Regulation;
Willamette River, Portland, OR
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the upper deck of
the Steel Bridge across the Willamette
SUMMARY:
River, mile 12.1, in Portland, OR. The
deviation is necessary to support
multiple events. This deviation allows
the lower lift span of the bridge to
remain in the closed-to-navigation
position.
DATES: This deviation is effective from
9:30 a.m. on May 6, 2018 to 11:59 p.m.
on June 23, 2018.
ADDRESSES: The docket for this
deviation, USCG–2018–0284, is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
Time/date start
daltland on DSKBBV9HB2PROD with RULES
8
7
7
4
The Steel Bridge is a double-deck lift
bridge, and the lower lift span operates
independent of the upper lift span. To
facilitate this deviation, the upper deck
will remain in the closed-to-navigation
position. When the lower deck is in the
closed-to-navigation position, the bridge
provides 26 feet of vertical clearance
above Columbia River Datum 0.0; and in
open-to-navigation position, the vertical
clearance is 71 feet above Columbia
River Datum 0.0. The lower lift deck of
the Steel Bridge operates in accordance
with 33 CFR 117.5. The upper lift deck
of the Steel Bridge operates in
accordance with 33 CFR
117.897(c)(3)(ii), and at the end of this
deviation period, the upper deck of the
Steel Bridge will resume operating in
accordance with 33 CFR
117.897(c)(3)(ii).
Waterway usage on this part of the
Willamette River includes vessels
ranging from commercial tug and barge
to small pleasure craft. Vessels able to
pass through the subject bridge with the
upper deck in the closed-to-navigation
position may do so at any time. The
lower lift of the Steel Bridge will be able
to open for emergencies, and there is no
immediate alternate route for vessels to
pass. The Coast Guard requested
objections be submitted to this deviation
in the Local Notice to Mariners. We
have not received any objections to this
temporary deviation from the operating
schedule. The Coast Guard will also
inform the users of the waterway
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the subject bridge
16:15 Apr 16, 2018
Jkt 244001
Union
Pacific Railroad Company (UPRR) owns
and operates the Steel Bridge across the
Willamette River, at mile 12.1, in
Portland, OR. UPRR requested a
temporary deviation from the operating
schedule for the Steel Bridge upper lift
span. The deviation is necessary to
accommodate multiple community
events. This deviation authorizes UPRR
to operate the Steel Bridge upper lift
span as follows:
SUPPLEMENTARY INFORMATION:
Time/date end
a.m./May 6, 2018 ............................................................
p.m./June 2, 2018 ...........................................................
a.m./June 9, 2018 ...........................................................
a.m./June 23, 2018 .........................................................
VerDate Sep<11>2014
deviation, call or email Mr. Steven
Fischer, Bridge Administrator,
Thirteenth Coast Guard District;
telephone 206–220–7282, email d13-pfd13bridges@uscg.mil.
9:30 a.m./May 6, 2018 .......................................................
11:59 p.m./June 2, 2018 ....................................................
1 p.m./June 9, 2018 ...........................................................
11:59 p.m./June 23, 2018 ..................................................
so that vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: April 10, 2018.
Steven M. Fischer,
Bridge Administrator, Thirteenth Coast Guard
District.
[FR Doc. 2018–07955 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0068]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway and
Biscayne Bay, Miami, FL
Coast Guard, DHS.
ACTION: Final rule.
AGENCY:
The Coast Guard is modifying
the operating schedule that governs the
Venetian Causeway Bridge (West) across
the Atlantic Intracoastal Waterway mile
1088.6, and the operating schedule that
governs the Venetian Causeway Bridge
(East) across Biscayne Bay, Miami
Beach, FL. This action will extend the
SUMMARY:
PO 00000
Action
Frm 00010
Fmt 4700
Sfmt 4700
Upper
Upper
Upper
Upper
lift
lift
lift
lift
closed.
closed.
closed.
closed.
daily twice an hour opening schedule of
the Venetian Causeway Bridges (East
and West) to include weekends and
Federal holidays. This action is
intended to reduce vehicular traffic
caused by the on-demand weekend and
Federal holiday bridge openings.
DATES:
This rule is effective May 17,
2018.
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov. Type USCG–
2017–0068 in the ‘‘SEARCH’’ box and
click ‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking.
ADDRESSES:
If
you have questions on this rule, call or
email LT Ruth Sadowitz, Coast Guard
Sector Miami, FL, Waterways
Management Division, telephone 305–
535–4307, email ruth.a.sadowitz@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking
(Advance, Supplemental)
§ Section
U.S.C. United States Code
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of
Transportation
FL Florida
MHW Mean High Water
E:\FR\FM\17APR1.SGM
17APR1
Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
V. Regulatory Analyses
II. Background Information and
Regulatory History
On September 5, 2017, we published
a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation
Regulation; Atlantic Intracoastal
Waterway and Biscayne Bay, Miami, FL
in the Federal Register (82 FR 41901).
We received 2 comments on this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 499.
The Venetian Causeway Bridge
(West), across the Atlantic Intracoastal
Waterway, mile 1088.6, is a double leaf
bascule bridge and has a vertical
clearance of 12 feet at Mean High Water
(MHW) in the closed to navigation
position and a horizontal clearance of
90 feet between fenders. The Venetian
Causeway Bridge (East), across Biscayne
Bay, at Miami Beach, FL is a double leaf
bascule bridge with a vertical clearance
of 5 feet at MHW in the closed to
navigation position and a horizontal
clearance of 57 feet between fenders.
Presently, in accordance with 33 CFR
117.261(nn) and 33 CFR 117.269, the
bridges shall open on signal, except that
from 7 a.m. to 7 p.m., Monday through
Friday, except Federal holidays, the
bridges need only open on the hour and
half hour.
Miami-Dade County, the bridge
owner, and the Cities of Miami and
Miami Beach requested the daily twice
an hour operating schedule for both
bridges be changed to include weekends
and Federal holidays. This should
provide relief to the increase vehicle
traffic congestion on the weekends
while meeting the reasonable needs of
navigation.
daltland on DSKBBV9HB2PROD with RULES
IV. Discussion of Comments, Changes
and the Final Rule
Of the 2 comments received, one was
a political statement that had no bearing
on the proposed regulation; the second
comment was in favor of the operating
schedule change. The submitter in favor
of the change did suggest that there may
be a negative impact to small entities on
land economically if the bridge is open
for an extended period of time allowing
vessels that have been waiting to pass
and vice versa for commercial vessels
that missed the opening and have to
wait until the next scheduled opening.
While the Coast Guard does
acknowledge that there may be
additional vessels waiting for openings
due to this change, it should not have
a substantial negative impact on land
and maritime traffic as it mirrors the
current operating schedule Monday
through Friday.
VerDate Sep<11>2014
16:15 Apr 16, 2018
Jkt 244001
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, it has not
been reviewed by the Office of
Management and Budget (OMB) and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the continued ability for
vessels to transit the bridge during the
twice-an-hour opening schedule.
Vessels in distress, Public vessels of the
United States and tugs with tows must
be passed at any time.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 5 U.S.C. 601–612, as amended,
requires federal agencies to consider the
potential impact of regulations on small
entities during rulemaking. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard received no comments
from the Small Business Administration
on this rule. The Coast Guard certifies
under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact
on a substantial number of small
entities.
While some owners or operators of
vessels intending to transit the bridge
may be small entities, for the reasons
stated in section V.A above, this rule
will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
16777
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
D. Federalism and Indian Tribal
Government
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
E:\FR\FM\17APR1.SGM
17APR1
16778
Federal Register / Vol. 83, No. 74 / Tuesday, April 17, 2018 / Rules and Regulations
§ 117.269
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have made a determination that this
action is one of a category of actions
which do not individually or
cumulatively have a significant effect on
the human environment. This rule
simply promulgates the operating
regulations or procedures for
drawbridges. This action is categorically
excluded from further review, under
figure 2–1, paragraph (32)(e), of the
Instruction.
A Record of Environmental
Consideration and a Memorandum for
the Record are not required for this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Amend § 117.261 by revising
paragraph (nn) to read as follows:
■
§ 117.261 Atlantic Intracoastal Waterway
from St. Marys River to Key Largo.
daltland on DSKBBV9HB2PROD with RULES
*
*
*
*
*
(nn) The Venetian Causeway Bridge
(West), mile 1088.6, at Miami. The draw
shall open on signal, except that from 7
a.m. to 7 p.m. daily, including Federal
holidays, the draw need only open on
the hour and half hour.
*
*
*
*
*
■
3. Revise § 117.269 to read as follows:
VerDate Sep<11>2014
16:15 Apr 16, 2018
Jkt 244001
Biscayne Bay.
I. Table of Abbreviations
The Venetian Causeway Bridge (East),
across Miami Beach Channel. The draw
shall open on signal, except that from 7
a.m. to 7 p.m. daily, including Federal
holidays, the draw need only open on
the hour and half hour.
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
Dated: February 8, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA)
(5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because of the
emergent nature of the situation.
Delaying the effective date of this rule
would be impracticable because
immediate action is needed protect
personnel, vessels, and the marine
environment from potential hazards
associated with the barge and associated
recovery efforts.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. A barge with hull number
PFE–LB444 broke free from its mooring
near Blackslough Landing and sank in
the navigable channel. This vessel has
since been temporarily secured to shore.
The barge remains in an unstable
condition and continues to shift in
orientation and aspect. A safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards associated with the
barge and associated recovery efforts.
[FR Doc. 2018–08011 Filed 4–16–18; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0205]
RIN 1625–AA00
Safety Zone; Barge PFE–LB444, San
Joaquin River, Blackslough Landing,
CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the San Joaquin
River due to an unstable, partially
submerged barge with hull number
PFE–LB444. The temporary safety zone
is needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the barge
and associated recovery efforts. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
San Francisco.
DATES: This rule is effective without
actual notice from April 17, 2018 until
April 30, 2018. For the purposes of
enforcement, actual notice will be used
from March 30, 2018 until April 17,
2018.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0205 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Junior Grade Emily K.
Rowan, U.S. Coast Guard Sector San
Francisco; telephone 415–399–7443,
email emily.k.rowan@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
6.04–6, 160.5; Department of Homeland
Security Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish safety zones. The Captain of
the Port San Francisco (COTP) has
determined that potential hazards
associated with the barge and associated
recovery efforts starting March 30, 2018,
will be a safety concern for anyone
within a 90-yard radius of the barge.
This rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters within the safety
zone.
E:\FR\FM\17APR1.SGM
17APR1
]]>Agencies
[Federal Register Volume 83, Number 74 (Tuesday, April 17, 2018)]
[Rules and Regulations]
[Pages 16776-16778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08011]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2017-0068]
RIN 1625-AA09
Drawbridge Operation Regulation; Atlantic Intracoastal Waterway
and Biscayne Bay, Miami, FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is modifying the operating schedule that
governs the Venetian Causeway Bridge (West) across the Atlantic
Intracoastal Waterway mile 1088.6, and the operating schedule that
governs the Venetian Causeway Bridge (East) across Biscayne Bay, Miami
Beach, FL. This action will extend the daily twice an hour opening
schedule of the Venetian Causeway Bridges (East and West) to include
weekends and Federal holidays. This action is intended to reduce
vehicular traffic caused by the on-demand weekend and Federal holiday
bridge openings.
DATES: This rule is effective May 17, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov. Type USCG-
2017-0068 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Ruth Sadowitz, Coast Guard Sector Miami, FL, Waterways
Management Division, telephone 305-535-4307, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of proposed rulemaking (Advance, Supplemental)
Sec. Section
U.S.C. United States Code
AICW Atlantic Intracoastal Waterway
FDOT Florida Department of Transportation
FL Florida
MHW Mean High Water
[[Page 16777]]
II. Background Information and Regulatory History
On September 5, 2017, we published a notice of proposed rulemaking
(NPRM) entitled Drawbridge Operation Regulation; Atlantic Intracoastal
Waterway and Biscayne Bay, Miami, FL in the Federal Register (82 FR
41901). We received 2 comments on this rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
499.
The Venetian Causeway Bridge (West), across the Atlantic
Intracoastal Waterway, mile 1088.6, is a double leaf bascule bridge and
has a vertical clearance of 12 feet at Mean High Water (MHW) in the
closed to navigation position and a horizontal clearance of 90 feet
between fenders. The Venetian Causeway Bridge (East), across Biscayne
Bay, at Miami Beach, FL is a double leaf bascule bridge with a vertical
clearance of 5 feet at MHW in the closed to navigation position and a
horizontal clearance of 57 feet between fenders. Presently, in
accordance with 33 CFR 117.261(nn) and 33 CFR 117.269, the bridges
shall open on signal, except that from 7 a.m. to 7 p.m., Monday through
Friday, except Federal holidays, the bridges need only open on the hour
and half hour.
Miami-Dade County, the bridge owner, and the Cities of Miami and
Miami Beach requested the daily twice an hour operating schedule for
both bridges be changed to include weekends and Federal holidays. This
should provide relief to the increase vehicle traffic congestion on the
weekends while meeting the reasonable needs of navigation.
IV. Discussion of Comments, Changes and the Final Rule
Of the 2 comments received, one was a political statement that had
no bearing on the proposed regulation; the second comment was in favor
of the operating schedule change. The submitter in favor of the change
did suggest that there may be a negative impact to small entities on
land economically if the bridge is open for an extended period of time
allowing vessels that have been waiting to pass and vice versa for
commercial vessels that missed the opening and have to wait until the
next scheduled opening. While the Coast Guard does acknowledge that
there may be additional vessels waiting for openings due to this
change, it should not have a substantial negative impact on land and
maritime traffic as it mirrors the current operating schedule Monday
through Friday.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protesters.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the continued
ability for vessels to transit the bridge during the twice-an-hour
opening schedule. Vessels in distress, Public vessels of the United
States and tugs with tows must be passed at any time.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received no comments from the Small Business
Administration on this rule. The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
bridge may be small entities, for the reasons stated in section V.A
above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Government
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure,
[[Page 16778]]
we do discuss the effects of this rule elsewhere in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guides the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
determination that this action is one of a category of actions which do
not individually or cumulatively have a significant effect on the human
environment. This rule simply promulgates the operating regulations or
procedures for drawbridges. This action is categorically excluded from
further review, under figure 2-1, paragraph (32)(e), of the
Instruction.
A Record of Environmental Consideration and a Memorandum for the
Record are not required for this rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the For Further
Information Contact section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland
Security Delegation No. 0170.1.
0
2. Amend Sec. 117.261 by revising paragraph (nn) to read as follows:
Sec. 117.261 Atlantic Intracoastal Waterway from St. Marys River to
Key Largo.
* * * * *
(nn) The Venetian Causeway Bridge (West), mile 1088.6, at Miami.
The draw shall open on signal, except that from 7 a.m. to 7 p.m. daily,
including Federal holidays, the draw need only open on the hour and
half hour.
* * * * *
0
3. Revise Sec. 117.269 to read as follows:
Sec. 117.269 Biscayne Bay.
The Venetian Causeway Bridge (East), across Miami Beach Channel.
The draw shall open on signal, except that from 7 a.m. to 7 p.m. daily,
including Federal holidays, the draw need only open on the hour and
half hour.
Dated: February 8, 2018.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard
District.
[FR Doc. 2018-08011 Filed 4-16-18; 8:45 am]
BILLING CODE 9110-04-P
